1. Resource Conservation & Recovery Act RCRA The Basics

2. The Resource Conservation and Recovery Act (RCRA) The Federal Facility Compliance Act (FFCA)

3. Overview
In 1976, Congress remodeled the Solid Waste Disposal Act of 1965 into a major new program--the Resource Conservation and Recovery Act (RCRA).

4. Overview RCRA’s intent was to: Create a national policy framework
Promote recovery techniques and methods to reduce generation of waste
Outline environmentally sound management of hazardous and nonhazardous wastes

5. Overview
RCRA was expanded in scope and detail by the Hazardous and Solid Waste Amendments (HSWA) of 1984.
HSWA

6. The FFC Act
The Federal Facility Compliance Act, enacted on October 6, 1992, enables States to fine Federal agencies, including the DOE, for RCRA violations.

7. FFC Act Objectives
The FFCAct waives previously established sovereign immunity for fines and penalties against Federal facilities that violate RCRA and/or:
State,
Interstate, or
Local hazardous and solid waste management requirements

8. RCRA Introduction

13. RCRA
(pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "cradle-to-grave.“
This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes.

15. Two Steps of Hazardous Waste Management
1. What is hazardous waste?
2. How do I collect my hazardous waste? 11

16. What is Hazardous Waste?
Used Chemicals
Expired chemicals
Old chemicals without expiration dates
Waste “test”
What is this chemical?
How do I use it?
How often is it used?
Is the material still suitable for its intended use?

17. Criteria for Determining Hazardous Waste It’s not a TRIC
Listed (EPA activity)
Characteristics (generator activity)
Ignitable
Toxic
Corrosive
Reactive
TRIC 6

18. Listed Waste Unused or off-specification materials
U-List, Toxic and other
P-List, Acutely toxic materials
Used material or mixture of solvents
F-list, Hazardous waste from nonspecific sources, spent solvents
D-list, toxic materials

19. Listed Wastes EPA listed wastes include the following:
Type “F”- Hazardous waste from nonspecific sources
Type “K” - Hazardous waste from specific sources
Commercial chemicals:
Type “P” - Acutely hazardous
Type “U” - Toxic and hazardous

20. Listed Wastes
Listed wastes meet the definition of hazardous waste regardless of the concentration of hazardous constituents. Listed wastes remain hazardous until the EPA specifically delists them.

21. Delisting
Delisting is the process of exempting a specific waste. To delist the owner/operator of a facility must:
Petition for an amendment
The petition must satisfy the EPA and State authorities
Make sure the waste does not meet any criteria that originally listed it as hazardous or contain any other harmful constituent

22. Characteristic Waste Toxic Reactive
This includes 8 heavy metals, 10 pesticides, and 21 organic compounds.
D-list
Reactive
Materials which can react violently or create toxic fumes.
Sulfides,Cyanides, Peroxide formers, Alkali metals, Dinitro, Trinitro compounds, Carbonyl compounds, isocyanates, and perchlorate crystal formers

23. Characteristic Waste Cont.
Ignitable
Flammable liquids, flashpoint < 60 C (140 F)
Oxidizers, Organic Peroxides, Flammable compressed gasses
Any material, other than a liquid, that is capable of spontaneous and sustained combustion under standard temperature and pressure.
Corrosive
Aqueous liquids with a pH < 2 or pH > 12
Inorganic acids, Organic acids, Bases

24. Generation Rate limits Accumulation limit w/o Permit
Generator Status
Conditionally Exempt Small Quantity Generator
Small Quantity Generator
Large Quantity Generator
Requirement (40 CFR)
CESQG
SQG
LQG
Generation Rate limits
< 100 Kg/month
Kg/month
>1000 KG/ month
Accumulation limit w/o Permit
< 1000 Kg at any time
< 6000 Kg
No limit
< 1 Kg P-list

25. Generator Requirements Cont.
Conditionally Exempt Small Quantity Generator (CESQG)
Identify all Hazardous Waste generated
Send all hazardous waste to a permitted hazardous waste management facility.

26. Generator Status Cont.
Conditionally Exempt Small Quantity Generator (CESQG)
Generate < 100 Kg Hazardous Waste and < 1 Kg P - list in a calendar month
Accumulate no more than 1,000 Kg of Hazardous Waste at any time

27. Generator Requirements Cont.
Small Quantity Generator (SQG)
Register, obtain EPA ID number
Comply with Hazardous Waste container requirements in 40 CFR 265.
Meet requirements of Satellite Accumulation Areas, (SAA)
Provide an Emergency Response Coordinator
Post the name and phone number of emergency response coordinator, location of spill kit, fire alarm, fire extinguisher, and fire department number near phone

28. SQG Requirements Cont.
Ensure employees know how to respond to emergencies and how to handle hazardous waste
Establish record keeping on:
Procedures for waste characterization
Documentation on generator status
Registration
Manifests
Container inspection
Land Disposal Restrictions (LDR)
Correspondence with local emergency responders

29. Generator Requirements
Large Quantity Generator (LQG)
Register, obtain EPA ID number
Comply with Hazardous Waste container requirements in 40 CFR 265.
Meet requirements of Satellite Accumulation Areas, (SAA) and accumulation areas
Prepare a Contingency Plan
Develop and implement a formal training program
Maintain record keeping as a SQG and include training records, contingency planning, and biannual reporting.

30. Summary of Generator Status
Requirement (40 CFR)
CESQG
SQG
LQG
Accumulation time
N/A
180 days
90 days
EPA ID number
yes
Start date
"Hazardous Waste"
Air emission standard
Satellite Accumulation
Use Manifests
Exception Reporting
Required after 35 days
Required after 45 days
Biennial Report
Contingency Plan
Basic Planning
Full written plan
RCRA Training
Basic training
Full Compliance
Storage Requirements
Yes
Record Keeping
Waste Determination
Generation log

31. How do I dispose of my waste?
If you are LQG or SQG you must use an Environmental Services company.
If you are CESQG you can use the Household Hazardous Materials Regional Collection Centers

32. RCRA
Check your state and local rules for divergence from federal rules
Identify hazardous waste correctly
Identify acute hazardous waste correctly
Measure amounts correctly
Document your procedures to be ready for inspection

33. Identification Logic
There are many subtle exceptions and inclusions in the RCRA rules, but the following principles serve quite well for nearly all lab waste from higher education. See text below or the flow chart.
A waste item must pass all of the following tests to be non-RCRA. Use your knowledge about the source of the waste to help answer the questions. If in doubt, you may need to supplement your knowledge with chemical analyses.
Is it unused with a single active ingredient? Note: Preservatives, propellants, solvents and fillers are not active ingredients. Check the P and U lists.
Did it come from a simulated or actual industrial process? (rare from labs, more likely from art studios, maintenance and shops)? Check F and K lists.
Is it a used solvent mixture? Check F list, specifically F002 through F005.
None of the above? Check for characteristic on D list.
If it passes all of these tests, it is not RCRA regulated.

34. Resource Conservation and Recovery Act

46. Hazardous Waste Manifest
A hazardous waste manifest must accompany all hazardous waste that is shipped off site.
A tolling agreement is a "closed-loop" arrangement whereby a generator contracts with a recycling company to reclaim its hazardous waste and return it as a recycled product, thereby avoiding disposal.
A copy of the contract must be kept on file for three years after the contract has ended.
The transporter signs the completed manifest when the shipment is accepted for transport. The facility operator at the designated TSDF also signs the form when the shipment is received and sends a copy of it back to you. You must keep this copy on file for three years. (It might be a good practice, however, to keep it for as long as you are in business.)

47. Recordkeeping and Reporting
Biennial Report (SQGs and LQGs only) SQGs and LQGs who ship hazardous waste off-site to a treatment, storage, disposal (TSD) facility must prepare and submit a Biennial Report to the EPA Regional Administrator by March 1 of each even numbered year (2010, 2012, 2014, etc.).
Use EPA Form A/B for submitting the report, and include the following information:

48. RCRA Inspections
Either EPA or an authorized state may lead RCRA inspections. The inspections must be conducted annually at all federal or state operated facilities and at least once every two years at each TSDF. The 6 types of inspections conducted under RCRA program are: Compliance Evaluation Inspection, routine inspections (includes a file review prior to the site visit; onsite examination of generation, treatment, storage, or disposal areas; review of records; and an evaluation of the facility’s compliance with RCRA) to evaluate compliance with RCRA. Case Development Inspection, an inspection to gather data to support an enforcement action when significant RCRA violations are known, suspected, or revealed.

49. RCRA
Comprehensive Ground Water Monitoring Evaluation, an inspection to ensure that ground water monitoring systems are designed and functioning properly at RCRA land disposal facilities. Compliance Sampling Inspection, inspections to collect samples for laboratory analysis. Operations and Maintenance Inspection, inspections to ensure that ground water monitoring and other systems at closed land disposal facilities continue to function properly. Laboratory Audit, inspections of laboratories performing ground water monitoring analysis to ensure that these laboratories are using proper sample handling and analysis protocols.

50. Pay Now or Pay Later
Defendants are charged with 15 counts of violating the Resource Conservation and Recovery Act (RCRA).
The charges include: one count of storing hazardous waste without a permit at the former Warehouse in Pottstown, Pa., from May 1998 to early 2001;
Four counts of exporting hazardous waste outside the United States without consent of the receiving country on various dates in 2000; and 10 counts of transporting hazardous waste without manifests and to unpermitted facilities in 2000. 

51. If Defendants are Convicted
A maximum sentence of 48 years imprisonment, a fine of $3.75 million, 27 years supervised release, and a special assessment of $1,500. The businesses each face a maximum fine of $7.5 million, five years probation and $ 6,000 special assessment.

52. Enforcement Actions
Bring handlers into compliance when compliance monitoring detects a violation. The enforcement options available under RCRA are Administrative Actions, Civil Action, and Criminal Action.

53. Administrative Action
An enforcement action taken by EPA or an authorized state without involving a court process. Administrative actions tend to be resolved quickly and can be effective in forcing a handler to comply with regulations or to remedy a potential threat to human health or the environment.

54. Two Types of Administrative Actions…
Informal Administrative Action is any communication from EPA or an authorized state that notifies the handler of a problem. This can be done through a phone call or an informal letter such as the notice of violation. This type of action is appropriate when the violation is minor, such as a record maintenance requirement.
Formal Action is when an administrative order is issued to the facility with a more severe violation is detected, or the owner and operator does not respond to an informal action, and imposes enforceable legal duties.
EPA can issue four types of administrative orders:

55. EPA can Issue Four Types of Administrative Orders:
Compliance Order, Section 3008(a) allows EPA to issue an order requiring any person who is not complying with a requirement of RCRA to take steps to come into compliance.
This order contains a penalty of up to $27,500 per day for each day of noncompliance and can suspend or revoke the facility’s permit or interim status.
Corrective Action Orders, Section 3008(h) allows EPA to issue an order requiring corrective action at an interim status facility when there is evidence of a release of a hazardous waste or a hazardous constituent into the environment.
This order contains a penalty of up to $27,500 for each day of noncompliance with the order and can suspend interim status.

56. Four Types of Administrative Orders Cont:
Section 3013 Orders, is used to evaluate the nature and extent of the substantial hazard to human health and to the environment.
This order contains a penalty of up to $5,500 per day.
Section 7003 Orders, is used against any contributing party, including past or present generators, transporters, or owners or operators of the site, where an imminent and substantial endangerment to health or the environment is caused by the handling of solid or hazardous wastes.
This order contains a penalty of up to $5,500 per day.

57. Civil Action
Also known as a judicial action is a formal lawsuit filed in court against a person or facility who has either failed to comply with a statutory or regulatory requirement or administrative order, or against a person or facility who has contributed to the release of hazardous waste or hazardous constituents.
There are four types of civil actions.

58. Four Types of Civil Actions…
1. Compliance Action, under Section 3008(a), the federal government can file suit to force a person to comply with any applicable RCRA regulations. This action allows the court to impose a penalty of up to $27,500 per day per violation for noncompliance.
2. Corrective Action, under Section 3008(h), the federal government can sue to require the facility to correct the problem and take any necessary response measures. This action allows the court to suspend or revoke a facility’s interim status as a part of its order.

59. Four Types of Civil Actions…
3. Monitoring and Analysis, under Section 3013, the federal government can sue the person to require compliance with the order for his/her failure to comply with the monitoring and analysis order. This action allows the court to impose a penalty of up to $5,500 per day of noncompliance with the order.
4. Imminent and Substantial Endangerment, under Section 7003, the federal government can sue the person to require action to remove the hazard or remedy any problem that has contributed or is contributing to an imminent and substantial endangerment to human health and the environment. This action allows the court to impose a penalty of up to $5,500 per day of noncompliance with the order.

60. Criminal Action
Issued based on the severity of the violation and it is reserved for the most serious violations. Seven criminal acts have been identified in Section 3008 and these are subject to criminal action and carry penalties.
Six of the seven criminal acts impose a penalty of up to $50,000 per day and up to five years in jail.

61. The six criminal acts are…
Transporting waste to a nonpermitted facility.
Treating, storing, or disposing of waste without a permit or in violation of a permit condition or interim status standard.
Omitting significant information form, or making false statement in a label, manifest, report, permit, or interim status standard.
Generating, storing, treating, or disposing of hazardous waste without complying with RCRA’s record keeping and reporting requirements.
Transporting waste without a manifest.
Exporting a waste without the consent of the receiving country.

62. Seventh Criminal Act
The seventh criminal act imposes a penalty of up to $250,000 or 15 years in prison for an individual, or a $1 million fine for a corporation. This act is:
Knowing the transportation, treatment, storage, disposal, or export of any hazardous waste can place a person in imminent danger of death or serious bodily injury.

63. Commonly reported RCRA hazardous waste management violations
Fall into one of three broad categories:
administrative requirements
physical waste
storage practices, and procedural waste storage practices

64. Typical violations include:
Administrative requirements include such things as record keeping, employee training, contingency plans, and weekly inspections.
Typical violations include:
failure to provide and document hazardous waste training;
failure to maintain a complete and current contingency plan at a facility, (often a failure to update the plan when personnel, phone numbers, or site conditions change)
failure to inspect hazardous waste containers on a weekly basis.

65. Physical waste storage practices include how hazardous waste is handled and placed at a facility.
Typical violations include:
− Failure to securely replace covers on containers in accumulation areas when waste is not being added to the container
− Failure to maintain adequate aisle space to allow the unobstructed movement of personnel or emergency equipment in container storage areas, and failure to orient containers so that labels are visible;

66. - Poor maintenance; failure to maintain and operate the facility in a manner to minimize the possibility of a fire, explosion, or an unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment;
− failure to provide secondary containment around hazardous waste container storage areas in an area with a functional floor drain;
− failure to separate containers storing incompatible hazardous wastes;
− land disposal of prohibited hazardous waste (e.g. listed waste).

67. Typical violations include:
Procedural waste storage practices include hazardous waste management requirements that do not involve handling or placement of hazardous waste at a facility.
Typical violations include:
− failure to make hazardous waste determinations;
− failure to clearly label and mark containers with the words "hazardous waste" and other words that identify the contents of the container;
− storing hazardous waste for more than 90 days without a permit;
− failure to clearly mark accumulation start dates on containers.
                
               
     

68. CEO AND OWNER OF ADVANCED ELECTROPLATING AND FINISHING INC
CEO AND OWNER OF ADVANCED ELECTROPLATING AND FINISHING INC. PLEADS GUILTY TO RCRA VIOLATIONS
1995- in federal court in Seattle, Wash., T. Boyd Coleman, former president and owner of Advanced Electroplating and Finishing Inc., entered a plea of guilty to a felony criminal violation of the Resource Conservation and Recovery Act, which prohibits the unpermitted treatment, storage or disposal of hazardous waste.
As part of Coleman's guilty plea, he admitted that between July 1992 and January 1995, he knowingly stored and later abandoned 16 supersacks and approximately 500 barrels and containers of hazardous waste, as well as other hazardous chemicals at his company's Seattle site.

69. A number of tanks containing cyanide plating waste were also abandoned at the facility. This investigation of Advanced Electroplating was part of the Agency's environmental justice initiative since the tanks of cyanide waste posed a significant threat to the health and safety of children in a nearby school and to the surrounding community.
The burial of other hazardous waste at the facility caused a threat to groundwater. Advanced Electroplating Inc. was an electroplating business with a 30-bath plating line.

70. The primary source of business entailed the chrome plating of automobiles and trucks.
The company has not been operational since 1992.
It is expected that an environmental cleanup effort of the facility will exceed $1 million. This case was investigated by EPA's Criminal Investigation Division.

71. TSDF Definitions Key definitions for TSDFs:
Treatment - Any method to change waste’s physical, chemical, or biological composition
Storage - Holding waste temporarily

72. TSDF Definitions
Disposal - Placing any solid or hazardous waste into land or water
Facility - All land structures and improvements used for treatment, storage, or disposal

73. TSDF Responsibilities
Owners/operators of TSDFs must:
Adhere to permitting requirements
Develop operating standards
Comply with design standards

74. TSDF Responsibilities
Comply with land disposal restrictions (LDRs)
Complete corrective actions when necessary
Provide for closure/ postclosure of the facility

75. Interim Status and Permits
Congress established an interim status that allowed existing hazardous waste management facilities to operate legally without permits. Interim status facilities still represent a large segment of regulated TSDFs.

76. TSDF Training Requirements
Under 40 CFR , 40 CFR and 29 CFR , TSDFs are required to:
Provide on-the-job training, classroom training, and annual reviews for personnel
Provide instructors qualified in hazardous waste management procedures

77. TSDF Training Requirements
Maintain records of training
Keep records of current personnel
Preserve records of former employees for 3 years
Training Records

78. TSDF Closure and Postclosure
Standards for closing TSDFs include:
Minimizing further maintenance
Controlling, minimizing, or eliminating escape
Complying with specific facility-type standards

79. TSDF Closure and Postclosure
Disposing or decontaminating equipment, structures, and soils
Monitoring postclosure for 30 years

80. RCRA Authority
Subtitle C, Section Authorized States to develop their own hazardous waste programs. To be granted authority, States must have a permitting system, manifest system, administrative resources, and enforcement authority.

81. Compliance Orders and Liability
RCRA enforcement goals ensure that regulatory and statutory provisions are met and compel necessary corrective action.

82. Common Violations: RCRA
Failure to clearly label and mark satellite accumulation containers with the words "hazardous waste" and other words that identify the contents of the containers, such as the chemical name [40 CFR (a)(3)]
Failure to clearly mark and date the period of accumulation for each accumulation container. [40 CFR (a)(2)]
Failure to provide and document initial hazardous waste training. [40 CFR ]

83. Failure to separate or otherwise protect containers of hazardous waste from other containers storing incompatible materials or wastes [40 CFR (c)]
Failure to make hazardous waste determinations. [40 CFR , 40 CFR 268.7(a), 40 CFR 268.9(a)
Failure to accumulate hazardous waste in a closed container except when adding or removing waste. [40 CFR (a)]

84. Failure to obtain a permit when storing hazardous waste for greater than 90 days. [40 CFR (a), ]
Failure to inspect hazardous waste containers, specifically failure to inspect on a weekly basis. [40 CFR (a), 40 CFR ]
Failure to have an adequate Contingency Plan for new operations. [40 CFR (c)]

85. Failure to provide secondary containment around hazardous waste container storage areas in an area with a functional floor drain. [40 CFR and ]
Failure to maintain and operate the facility in a manner to minimize the possibility any planned or unplanned release of hazardous constituents to air, soil, or surface water which could threaten human health or the environment. [40 CFR ]
Failure to maintain adequate aisle space to allow the unobstructed movement of personnel or emergency equipment in the container storage areas. [40 CFR ]

86. Questions

87. This document is 100% funded by a $2. 2 million grant from the U. S
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